IN THE CASE OF:  	Mr. 

      BOARD DATE:  	19 March 2014

      CASE NUMBER:  	AR20130017772
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review, and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief.


      
      
      Presiding Officer
      
I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case.

THE APPLICANT’S REQUEST AND STATEMENT:

1.  The applicant requests a change in his narrative reason for discharge and reentry (RE) code.

2.  The applicant states, in effect, a change in his narrative reason for discharge and RE code would allow him to join the military again.  He has been advised by recruiters that he is disqualified for service.  Since his discharge, he completed school, became a medical assistant, and is now a nurse.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			27 September 2013
b. Discharge Received:			Honorable
c. Date of Discharge:				14 April 2008
d. Reason/Authority/SPD/RE Code:		Condition, Not a Disability, AR 635-200
							Paragraph 5-17, JFV, RE-3
e. Unit of assignment:				19th Repl Co, 7th Transportation Bn, Fort
      Bragg, NC
f. Current Enlistment Date/Term:		12 July 2007, 3 years, 19 weeks
g. Current Enlistment Service:		9 months, 3 days
h. Total Service:				9 months, 3 days
i. Time Lost:					None
j. Previous Discharges:			None
k. Highest Grade Achieved:			E-2
l. Military Occupational Specialty:		88M10, Motor Transport Operator
m. GT Score:					NIF
n. Education:					HS Graduate
o. Overseas Service:				None
p. Combat Service:				None
q. Decorations/Awards:			NDSM, GWOTSM, ASR
r. Administrative Separation Board: 		No	
s. Performance Ratings:			None
t. Counseling Statements:			Yes
u. Prior Board Review:				No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 12 July 2007 for a period of 3 years and 19 weeks.  He was 21 years old at the time of entry and a high school graduate.  He completed    9 months and 3 days of active duty service.


SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record shows that on 7 March 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, paragraph 5-17, AR 635-200, by reason of physical condition, not a disability for being diagnosed by competent medical authority with dysthmia.

2.  The commander recommended an honorable discharge and advised the applicant of his rights.  

3.  On 7 March 2008, the applicant acknowledged receipt of the notification for discharge.  His election of rights document is not contained in the official record.  The unit commander subsequently recommended separation from the service.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an honorable discharge. 

4.  On 26 March 2008, the separation authority directed the applicant’s discharge with a characterization of honorable.

5.  The applicant was discharged from the Army on 14 April 2008, with a characterization of service of honorable.

6.  The applicant’s service record does not contain any evidence of unauthorized absences or time lost.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:  

On 8 January 2008, the applicant's platoon sergeant counseled him regarding reports of his depression and possible suicide ideation.  He was advised of his referral to mental health for an examination.  

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293 and DD Form 214.

POST-SERVICE ACTIVITY: 

The applicant states he completed school, worked as a medical assistant, and is now a nurse.  

REGULATORY AUTHORITY:

1.  Army Regulation (AR) 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-17 specifically provides that a Soldier may be separated for other physical or mental conditions not amounting to a disability, which interferes with assignment to or performance of duty and requires that the diagnosis be so severe that the Soldier’s ability to function in the military environment is significantly impaired.  

2.  AR 635-200, paragraph 5-1, states that a Soldier being separated under this paragraph will be awarded a characterization of service of honorable, under honorable conditions, or an uncharacterized description of service if in entry-level status.  

3.  A general, under honorable conditions discharge is normally inappropriate for individuals separated under the provisions of Chapter 5-17 unless properly notified of the specific factors in the service that warrant such characterization.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for a change in the narrative reason and reentry code for his discharge was carefully considered.  However, after a careful review of all the available records for the period of enlistment under review, and the issue he submitted, there insufficient factors to merit a change to the reason for the discharge.  

2.  A mental status evaluation by competent medical authority diagnosed the applicant with dysthmia.  The unit commander subsequently recommended separation under provisions of AR 635-200, Chapter 5, paragraph 5-17, by reason of other physical or mental condition not amounting to a disability, with an honorable characterization of service.  

3.  The record confirms that all the requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process.  Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of 3  and a reason of "physical condition, not a disability" as stipulated by Army Regulation 635-5-1, no other reason is authorized based on the diagnosis.  

4.  If the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility.  Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of RE codes.  

5.  Therefore, the narrative reason for discharge and the RE code being both proper and equitable, recommend the Board deny relief.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Record Review       Date:  19 March 2014       Location:  Washington, DC

Did the Applicant Testify:  NA

Counsel:  None

Witnesses/Observers:  NA



Board Vote:
Character Change:  NA	No Change:  NA
Reason Change:	0	No Change:  5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:		No
Change Characterization to:	NA
Change Reason to:			No Change
Change Authority for Separation:	NA
Change RE Code to:		NA
Grade Restoration to:		NA
Other:					NA

Legend:
AMHRR - Army Military Human Resource Record	FG - Field Grade	IADT – Initial Active Duty Training	 	RE - Reentry
AWOL - Absent Without Leave	GD - General Discharge	NA - Not applicable	SCM- Summary Court Martial
BCD - Bad Conduct Discharge	HS - High School	NIF - Not in File	SPCM - Special Court Martial
CG - Company Grade Article 15	HD - Honorable Discharge	OAD - Ordered to Active Duty	UNC - Uncharacterized Discharge  
CID - Criminal investigation Department	MP – Military Police	OMPF - Official Military Personnel File	UOTHC - Under Other Than                           			               Honorable Conditions


ADRB Case Report and Directive (cont)		AR20130017772



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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